Pensioners win landmark climate ruling
EUROPE’S top human rights court ruled yesterday that the Swiss government had violated the human rights of its citizens by failing to do enough to combat climate change – a decision that will set a precedent for future climate lawsuits.
The European Court of Human Rights’s ruling, in favour of more than 2 000 Swiss women who brought the case, is expected to resonate in court decisions across Europe and beyond, and to embolden more communities to lodge climate cases against governments.
But in a sign of the complexities of the growing wave of climate litigation, the court rejected two other climate-related cases on procedural grounds. One was brought by a group of six Portuguese young people against 32 European governments and another by a former mayor of a low-lying French coastal town.
The Swiss women, known as KlimaSeniorinnen and aged over 64, said their government’s climate inaction put them at risk of dying during heatwaves. They argued their age and gender made them particularly vulnerable to such climate change impacts.
In her ruling, Court President Siofra O’Leary said the Swiss government had failed to comply with its own targets for cutting greenhouse gas emissions and had failed to set a national carbon budget. “Future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change,” Judge O’Leary said.
One of KlimaSeniorinnen’s leaders, Rosmarie Wydler-Wälti said she was struggling to grasp the full extent of the decision. “We keep asking our lawyers, ‘Is that right?’ And they tell us ‘it’s the biggest victory possible’.”
The Swiss Federal Office of Justice, which represented the Swiss government at the court, took note of the ruling. “Together with the authorities concerned, we will now analyse the extensive judgment and review what measures Switzerland will take in the future,” it said.
The cases before the 17-judge panel in Strasbourg, France, are among the increasing number of climate lawsuits brought by citizens against governments that hinge on human rights law.
The verdict in the Swiss case, which cannot be appealed, will have international ripple effects, most directly by establishing a binding legal precedent for all 46 countries that are signatories to the European Convention on Human Rights.
It indicates Switzerland has a legal duty to take greater action on reducing emissions. If Switzerland does not update its policies, further litigation could follow at the national level and courts could issue financial penalties, said Lucy Maxwell, co-director of the non-profit Climate Litigation Network.
Switzerland has committed to cutting greenhouse gas emissions by 50% by 2030, from 1990 levels. Bern had proposed stronger measures to deliver the goal, but voters rebuffed them in a 2021 referendum as too burdensome.
The verdict could also influence future rulings at the Strasbourg court, which had put six other climate cases on hold pending yesterday’s decisions.
These include a lawsuit against the Norwegian government that alleges it violated human rights by issuing new licences for oil and gas exploration in the Barents Sea beyond 2035.
“The Swiss case sets a crucial legally binding precedent serving as a blueprint for how to successfully sue your own government over climate failures,” said Ruth Delbaere, legal campaigns director at global civic movement Avaaz.
Courts in Australia, Brazil, Peru and South Korea are considering human rights-based climate cases. India’s supreme court held in a ruling last month that citizens have the right to be free from the adverse impacts of climate change.
In the case brought by the Portuguese youngsters, the court ruled that while a state’s greenhouse gas emissions may have an adverse impact on people living outside its borders, it did not justify prosecuting a case across multiple jurisdictions.
It also noted that the young people had not exhausted legal avenues in Portugal’s national courts. “I hoped we would win against all the countries,” said Sofia Oliveira, one of the Portuguese teens. “But The Swiss victory is a win for us and for everyone.”